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(영문) 서울북부지방법원 2014.11.21 2014고단2638
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:26 on April 9, 2014, the Defendants violated the Punishment of Violences, etc. Act (joint injury) imposed the victim D (29 years of age) and Si expenses, who is an employee, on the street in front of a restaurant located in Dongdaemun-gu Seoul Metropolitan Government as a private home.

Accordingly, Defendant B took the face of the victim several times by drinking and spawn, and collected a simple spawn who had been living therein the victim, Defendant A took the victim’s face in his hand, and Defendant A took the victim’s face in his hand, and Defendant E took the victim’s face one time by hand.

As a result, the Defendants jointly with E put up an internal examination that requires approximately 21 days of treatment to the victim.

2. On April 9, 2014, around 00:50, the Defendants: (a) at the same place as Paragraph (1); (b) G and H, a police officer affiliated with the F District District of the Dongdaemun Police Station, dispatched after receiving 112 reports, prevented the Defendants from committing any act; (c) Defendant B, by hand, her hand, her chests, etc. of the said G; and (d) Defendant A, in his/her hand, her flaped the breath, etc. of the said H.

As a result, the Defendants conspired to interfere with the legitimate performance of duties by the police officers on crime prevention and suppression.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of witness I and D;

1. Each police statement related to G and H;

1. A written diagnosis of injury of each D;

1. Application of investigation reports (in-house CCTV verification investigation), investigation reports (CCTV verification investigation), CCTV image records, and CD-related Acts and subordinate statutes;

1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 257 (1) of the Criminal Act, Articles 136 (1) and 30 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Article 62-2 of the Criminal Act of each community service order;

1. Rejection of an application for compensation order;

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